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A -/If Y--��D5" <br />'SITE NAME: Court House I EFFECTIVE DATE: January 1, 2000 I <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br />CITY OF SANTA ANA <br />CLERK OF THE COUNCIL <br />20 CIVIC CENTER PLAZA <br />POST OFFICE BOX 1988 <br />SANTA ANA, CA 92702 <br />FREE RECORDING GOVERNMENT CODE §6103 <br />Recorded in the County of Orange, California <br />Gary L Granville, Clerk/Recorder <br />No Fee <br />20000127363 2; 36PM 03/10/00 <br />004 00158066 115 33 <br />009 15 0 0.00 0.00 0.00 0.00 0.00 0.00 <br />0.00 0.00 <br />Doc Types: 009 <br />Cancel Taxes <br />Approved as to <br />Approved by <br />Description WrittTC� <br />iption <br />A.P. Number <br />R/W Map Number <br />Project Number <br />Form By Arty. <br />Director <br />Byd <br />- OK <br />LEASE <br />"Landlord": City of Santa Ana, a charter city and municipal <br />corporation of the State of California <br />"Tenant": Los Angeles SMSA Limited Partnership by and <br />through its sole general partner AirTouch Cellular <br />"Landlord's Property": The property as described in Exhibit "A-L" <br />I. Lease. As of the Effective Date, Landlord leases a portion of <br />Landlord's Property to Tenant, referred to in this Lease as the <br />"Premises," and more particularly described below: [MARK <br />APPLICABLE PARAGRAPHS) <br />(a) Real property comprised of parcels measuring <br />approximately 326.57 square feet and measuring <br />approximately 472.02 square feet, as defined and <br />depicted on Exhibit "A-2"; <br />❑ (b) Building interior space comprised of approximately _ <br />_ square feet and known as suite/room or <br />(describe) <br />located at: address <br />❑ (c) Building exterior (including rooftop) space as required <br />for antenna support structures and attachment of antennas <br />and/or microwave dishes; <br />together with a grant by Landlord to Tenant of a non-exclusive <br />underground easement ("Easement") to establish utility connections <br />to and/or between Tenant's equipment and antenna installations , <br />situated substantially as shown on Exhibit "A-2" and with a grant by <br />Landlord to Tenant of an irrevocable, non-exclusive right to (i) <br />access the Landlord's Property and the Premises, except as provided <br />in Paragraph 16 herein below, 7 days a week, 24 hours a day for the <br />purpose of Tenant's use as described in Paragraph 5 herein below; <br />and (ii) to install, maintain, replcce and repair, from time to time, ail <br />necessary cables, conduits and pipes from the Premises to the <br />nearest appropriate utility connections, subject to the notice <br />provision outlined in Paragraph 17 herein below. Tenant shall be <br />allowed to install and maintain a temporary power source at an <br />appropriate location within Landlord's Property as reasonably <br />approved by Landlord. Tenant may occasionally park its vehicles <br />on Landlord's Property when Tenant is installing, removing or <br />servicing its Communications Facility. Upon signing of this Lease <br />203289/annual rent Pagle <br />A-1999- 205 <br />by the parties, Tenant shall have the right to survey and test the <br />Landlord's Property. <br />2. Term. Ten 10 years beginning on the Effective Date. <br />Prior to expiration of the Lease, Tenant shall remove all <br />Improvements and restore the Property and Premises to its original <br />condition, excepting normal wear and tear. Upon expiration of the <br />Lease, Tenant shall surrender possession of the Premises and <br />Property to the Landlord. <br />3. Extensions. Tenant is granted options to extend this <br />Lease for up to two 2 additional 5 year periods by giving <br />Landlord written notice at least 90 days before the term or extended <br />term ends. Prior to the commencement of each extension period, <br />Tenant shall resubmit its plans for the Communications Facility to <br />the Planning and Building Agency of the City of Santa Ana for <br />review, approval and conformity with all existing local laws and <br />regulations. However, Landlord reserves the right to deny such <br />extensions by giving Tenant written notice not less than 6 months <br />before the term or extended term ends, if the Landlord decides in <br />its reasonable discretion that Tenant's continued tenancy would be <br />not be in conformity with the Landlord's intended use of its <br />Property at that time . <br />4. Rent. Annual Rent for the Premises shall be Fourteen <br />Thousand Four Hundred and 00/100 Dollars ($14,400.00) payable <br />in equal annual installments, in advance, on the first day of each <br />calendar month during the Tenn. (including a prorated portion for <br />an initial partial month, if any, and excluding a prorated portion for <br />the last partial month, if any). Annual Rent shall be fully abated <br />until construction is commenced by Tenant or, until 4 months after <br />the Effective Date, which ever occurs first. In the event this Lease <br />is terminated pursuant to Paragraph 6 (or is otherwise terminated <br />early in accordance with the temis and conditions hereof), then any <br />portions of any Annual Rent payments covering any post - <br />termination timeframe(s) shall be immediately refunded to Tenant <br />by Landlord within thirty days from the date of termination of the <br />Lease . <br />5. Use of Premises. : e:.rrtt Play !Ise 11,e Prc .iscs ^r its <br />intended purpose, which is to construct, maintain, secure and <br />operate a wireless telecommunications cell facility <br />("Communications Facility") an equipment enclosure, required <br />antennas and antenna support structures (as such Communications <br />Facility may be modified, added to or substituted from time to <br />time). The Communications Facility, including all antennas and <br />antenna support structures, may be configured as required by Tenant <br />from time to time, provided that Tenant obtains all p <br />approvals required by applicable jurisdictions for sue <br />85 11/191� •-� • <br />